Donaldsonville Glass And Body Works, Inc. V. Gonzales Municipal Police Department Et Al

Case Background

Two separate civil rights lawsuits were filed against the City of Gonzales by multiple towing companies claiming constitutional violations for not adding the companies to the city’s towing list.

Donaldsonville Glass and Body Works filed the first lawsuit on October 20, 2022, in the Middle District. Southern Towing & Transport and Gonzales Towing and Repair Inc. filed the second lawsuit in state court, but it was later moved to the Middle District. The court consolidated the civil rights lawsuits for resolution.

The lawsuit was tried in the United States District Court, Louisiana Middle. The case was assigned to Chief Judge Shelly D. Dick and referred to Magistrate Judge Richard L. Bourgeois, Jr. [Case number: 3:22cv817]

Cause

Plaintiffs Southern Towing and Transport and Gonzalez Towing Repair were two independent, small towing businesses in Ascension Parish. Plaintiff DGB, a Louisiana corporation based in Ascension Parish, had been in business for over 40 years, relying on law enforcement for towing calls and often performing repairs for towed vehicles. For more than two decades, DGB was included in the Ascension Parish Sheriff’s Office (“APSO”) towing rotation list, which covered all areas of Ascension Parish, including the City of Gonzales.

In January 2022, the Gonzales Police Department, under Jackson’s direction, decided to create its own towing rotation list, while still using the APSO dispatch. This led to two separate towing lists—one for the City of Gonzales and another for the rest of Ascension Parish. Louisiana law allowed law enforcement agencies to create such lists but required them to publish an application for companies to apply. Once a company applied, the department would review it for compliance and add the company to the list.

However, Jackson hand-picked five companies for the Gonzales list, excluding the Plaintiffs. The City did not publish an application for inclusion, and Plaintiffs were not allowed to apply. Instead, just before the program started, the City sent the selected companies a “Towing Renewal Application,” which was a mere formality for a new program. The City did not follow the legal requirements, steering contracts to the chosen companies and violating the law.

Damages

As a result of the Defendants’ actions, Plaintiffs experienced financial losses, a decline in business, and job losses. Plaintiffs, Southern Towing and Transport, LLC and Gonzales Towing and Repair, Inc., requested an injunction to stop the defendants from enforcing the “rotational list.”

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Donaldsonville Glass and Body Works, Inc. [Terminated: 03/04/2024] | Southern Towing & Transport, LLC | Gonzales Towing and Repair, Inc.
    • Counsel for Plaintiff(s): Taylor Stephen Carroll | Jill L Craft | William Brett Conrad, Jr.
  • Defendant(s): City of Gonzales | Chief Sherman D. Jackson [Terminated: 03/04/2024] | Gonzales Municipal Police Department [Terminated: 03/17/2023]
    • Counsel for Defendant(s): Joy C. Rabalais | Cranay D. Murphy | Grant R. Schexnailder | Hunter B. Ahia | Jordan John Henagan | Kelly Elizabeth Heinen

Claims

Plaintiff DGB presented the following claims:

Claim One – Civil Rights Violation (Against All Defendants)

Defendants, acting in their official capacity, violated the Plaintiff’s rights under federal law, including the right to due process and equal treatment. They intentionally prevented the Plaintiff from applying for or participating in the City of Gonzales’ tow rotation list. This decision lacked a valid reason and treated the Plaintiff unfairly compared to other tow companies in the same situation.

Claim Two – Request for Court Declaration

The Defendants believed they did not have to allow tow companies to apply for the City of Gonzales’ tow rotation list, despite clear state law requiring it. This belief created confusion and violated the Plaintiff’s constitutional rights.

The Plaintiff asked the Court to confirm that the City, through the Gonzales Police Department and Chief Jackson, must allow all qualified tow companies to apply for and be included in the tow rotation list.

Claim Three – Attorney’s Fees

The Plaintiff requested the Court to award attorney’s fees under federal law.

Plaintiff Donaldsonville Glass and Body Works, Inc. was dismissed before trial on March 4, 2024.

Plaintiffs, Southern Towing and Transport, LLC and Gonzales Towing and Repair, Inc., argued that their exclusion violated Louisiana law, specifically La. R.S. 32:1735, La. R.S. 51:122, and La. R.S. 51:123. They claimed that Defendants’ “Procedure 501” was not officially adopted by the City but was still being applied against them. The Plaintiffs contended that Procedure 501 was both substantively and procedurally unlawful, as it amounted to a restraint of trade.

Plaintiffs also pointed out that at least two other towing companies, allowed by the Defendants to participate in the rotational list under Procedure 501, did not meet the legal requirements to perform towing services.

Furthermore, Plaintiffs asserted that Defendant City violated their established First Amendment rights under the U.S. Constitution. As a result, they sought relief under 42 U.S.C. §1983.

Defense

The City of Gonzales denied any intention to retaliate against the Plaintiffs Southern Towing and Transport, LLC and Gonzales Towing and Repair, Inc. It stated that the decision was not politically motivated. Furthermore, the City explained that the Plaintiffs could apply again the following year.

Jury Verdict

The case was tried over two days in Baton Rouge, with the court’s instructions outlining the Plaintiffs’ responsibilities. They had to prove they were removed from the towing rotation due to their protected activity and that the Defendant’s actions would discourage others from engaging in similar activity.

On October 30, 2024, the court delivered a mixed verdict. The City won the claim brought by Southern Towing, while Gonzalez Towing prevailed against the city for his claim. The jury awarded Gonzalez Towing nominal damages of $2,500.

Court Documents:

Available for purchase upon request